BILL NUMBER: SB 1688	CHAPTERED  09/12/00

	CHAPTER   404
	FILED WITH SECRETARY OF STATE   SEPTEMBER 12, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 11, 2000
	PASSED THE SENATE   JULY 6, 2000
	PASSED THE ASSEMBLY   JUNE 22, 2000
	AMENDED IN ASSEMBLY   JUNE 15, 2000
	AMENDED IN ASSEMBLY   JUNE 14, 2000

INTRODUCED BY   Senators Polanco and Rainey
   (Coauthors:  Senators Alarcon, Alpert, Costa, Hughes, McPherson, O'
Connell, Sher, Schiff, and Soto)
   (Coauthors:  Assembly Members Alquist, Aroner, Bates, Campbell,
Cardenas, Cardoza, Cedillo, Corbett, Correa, Cunneen, Davis,
Dickerson, Dutra, Gallegos, Hertzberg, Honda, Longville, Lowenthal,
Machado, Mazzoni, Nakano, Pescetti, Reyes, Scott, Shelley, Torlakson,
Villaraigosa, Washington, Wiggins, and Zettel)

                        FEBRUARY 22, 2000

   An act to amend Sections 42239.2 and 69981 of, to add Sections
42239.15 and 99223 to, to add Chapter 17 (commencing with Section
53081) to Part 28 of, and to add Article 20 (commencing with Section
69995) to Chapter 2 of Part 42 of, the Education Code, relating to
education, making an appropriation therefor, and declaring the
urgency thereof, to take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1688, Polanco.  Education.
   (1) Existing law makes each school district eligible for
reimbursements for hours of pupil attendance claimed for intensive
reading programs, pursuant to prescribed calculations.
   This bill would make each school district and charter school
eligible for reimbursement for hours of pupil attendance claimed for
intensive algebra academies, pursuant to prescribed calculations.
   (2) Existing law establishes the California State Summer School
for Mathematics and Science to establish a multidisciplinary academic
development program in mathematics and science and to enable pupils
with demonstrated academic excellence in mathematics and science to
receive intensive educational enrichment in these subjects.
   This bill would establish the Intensive Algebra Instruction
Academies Program, which would authorize a school district or charter
school that maintains grade 7 or 8, or both, to operate a program
that provides multiple, intensive opportunities for pupils in those
grades to practice skills in prealgebra, algebra, or both.  The bill
would require the Superintendent of Public Instruction to allocate a
minimum of $6,766 for the Intensive Algebra Instruction Academies
Program established in each school district meeting certain size and
instructional time requirements.  The Superintendent of Public
Instruction would be required to evaluate the program by November 1,
2002.
   (3) Existing law establishes the Golden State Scholarshare Trust
Act, pursuant to which and under regulations adopted by the
Scholarshare Investment Board, participants invest money in the
Golden State Scholarshare Trust for the benefit of a specific
beneficiary for the advance savings for the beneficiary's higher
education expenses, as defined, at certain postsecondary educational
institutions.
   This bill would require the Scholarshare Investment Board to
administer the Governor's Scholarship Programs established by this
bill.  Within the Governor's Scholarship Programs, the bill would
establish the Governor's Scholars Program, under which a $1,000
scholarship would be awarded to each public high school pupil who
demonstrates high academic achievement on certain tests.  Also within
the Governor's Scholarship Programs, the bill would establish the
Governor's Distinguished Mathematics and Science Scholars Program,
under which a $2,500 scholarship would be awarded to high school
pupils who, in addition to demonstrating high academic achievement on
the statewide achievement test, take and attain a specified score on
an advanced placement calculus examination and an advanced placement
examination in biology, chemistry, or physics.
   (4) Existing law requests the Regents of the University of
California to jointly develop with the Trustees of the California
State University and the independent colleges and universities, the
California Reading Professional Development Institutes to provide
instruction in the teaching of reading.
   The bill would also request the development of the Algebra
Academies Professional Development Institutes to provide instruction
in the teaching of prealgebra and algebra.  After attending these
institutes, teachers would serve as instructors in the programs
established by the bill for pupils enrolled in grades 7 and 8.
   (5) Existing law establishes in the State Treasury the Special
Fund for Economic Uncertainties, a continuously appropriated fund.
Existing law authorizes the Controller to transfer amounts as needed
to meet the cash needs of the General Fund and requires the
Controller to return moneys so transferred as soon as there are
sufficient moneys in the General Fund.  Existing law authorizes the
Director of Finance to allocate funds from the Special Fund for
Economic Uncertainties for disaster relief by notifying the Joint
Legislative Budget Committee.
   This bill would appropriate $118,000,000 to the Scholarshare
Investment Board for the 2000-01 fiscal year for the purpose of
making scholarships under the Governor's Scholarship Program.  The
bill would also authorize the Director of Finance to authorize the
augmentation, from the Special Fund for Economic Uncertainties, of
the amount appropriated annually for the purposes of scholarships
under the Governor's Scholarship Program.  By authorizing the
expenditure of money in a continuously appropriated fund for a new
purpose, the bill would make an appropriation.  Funds appropriated by
the bill would be applied toward the minimum funding requirements
for school districts and community college districts imposed by
Section 8 of Article XVI of the California Constitution.
   (6) This bill would provide that it is to become operative only if
SB 1644 is enacted.
   (7) This bill would declare that it is to take effect immediately
as an urgency statute.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 42239.15 is added to the Education Code, to
read:
   42239.15.  (a) For the 2000-01 fiscal year and each fiscal year
thereafter, each school district and charter school shall be eligible
for reimbursement for hours of pupil attendance claimed for
intensive algebra instruction academies offered pursuant to Chapter
17 (commencing with Section 53081) of Part 28 in an amount up to 6
percent of the total enrollment in grades 7 and 8 of the school
district or charter school for the prior fiscal year multiplied by
120 hours, multiplied by the hourly rate for the current fiscal year
determined pursuant to subdivision (c) of Section 42239.  This amount
shall be provided in addition to the amount provided pursuant to
Section 42239.
   (b) When expending funds received pursuant to this section, a
school district shall give first priority for the purpose specified
in paragraph (1) of subdivision (d) of Section 53082.
  SEC. 2.  Section 42239.2 of the Education Code is amended to read:

   42239.2.  (a) Notwithstanding any other provision of law, the
Superintendent of Public Instruction shall allocate a minimum of six
thousand seven hundred sixty-six dollars ($6,766) for supplemental
summer school programs established pursuant to Article 1 (commencing
with Section 53025) of Chapter 16 of Part 28, from funds appropriated
therefor, in each school district that, for the prior fiscal year,
maintained less than 500 units of average daily attendance and that
offers at least 1,500 hours of supplemental summer school
instruction.  A school district that, for the prior fiscal year,
maintained less than 500 units of average daily attendance that
offers less than 1,500 hours of supplemental summer school offerings
shall receive a proportionate reduction in its allocation.
   (b) Notwithstanding any other provision of law, the Superintendent
of Public Instruction shall allocate a minimum of six thousand seven
hundred sixty-six dollars ($6,766) for Intensive Algebra
Instructional Academies established pursuant to Section 53081, from
funds appropriated therefor, in each school district that, for the
prior fiscal year, maintained less than 333 units of average daily
attendance for pupils in grades 7 and 8 and that offers at least
1,500 hours of intensive algebra instruction.  A school district
that, for the prior fiscal year, maintained less than 333 units of
average daily attendance for pupils in grades 7 and 8 and that offers
less than 1,500 hours of Intensive Algebra Instructional Academy
offerings shall receive a proportionate reduction in its allocation.

   (c) Minimum allocations for supplemental summer school programs
required pursuant to subdivisions (a) and (b) shall be adjusted for
inflation in the 2000-01 fiscal year, and each fiscal year
thereafter, in accordance with Section 42238.1.
   (d) For purposes of this section a charter school is a schoolsite
and is not a school district.
  SEC. 3.  Chapter 17 (commencing with Section 53081) is added to
Part 28 of the Education Code,  to read:

      CHAPTER 17.  INTENSIVE ALGEBRA INSTRUCTION ACADEMIES PROGRAM

   53081.  This chapter shall be known and may be cited as the
Intensive Algebra Instruction Academies Program.
   53082.  (a) A school district or charter school that maintains
grade 7 or 8, or both, may operate a program that provides multiple,
intensive opportunities for pupils in either of these grades to
practice skills in prealgebra, algebra, or both.  Funding for the
program established pursuant to this chapter shall be provided
pursuant to Section 42239.15.
   (b) As a condition of receiving funding for this program, a school
district or charter school in which one or more teachers participate
in the program authorized by Section 99223 is required to offer
instruction as described in subdivision (a), to be provided by the
teachers attending that program.  These school districts and charter
schools shall offer this instruction only after those teachers have
completed the program authorized by Section 99223.  Nothing in this
subdivision shall be interpreted as precluding teachers in these
school districts who have not participated in the program authorized
by Section 99223 from providing instruction as described in
subdivision (a).
   (c) Pupils shall remain eligible for participation in the program
established pursuant to this chapter for three calendar months after
completing grade 8.
   (d) The purposes of the program established by this chapter
include, but are not limited to, both of the following:
   (1) To provide pupils who are experiencing difficulty learning
prealgebra and algebra with increased instructional opportunities.
   (2) To provide stimulating and enriching opportunities for pupils
to increase their prealgebra and algebra skills.
   (e) (1) Instruction provided pursuant to this program shall
include all of the following components:
   (A) Mathematics principles generally used in a prealgebra course
or an introductory algebra course.
   (B) Ongoing diagnostic techniques that inform teaching and
assessment.
   (C) Early intervention techniques.
   (2) Instruction provided pursuant to this chapter shall be
consistent with state-adopted academic content standards and with the
curriculum framework on mathematics adopted by the State Board of
Education for kindergarten and grades 1 to 12, inclusive.
   53083.  (a) (1) Except as provided in paragraph (2), intensive
prealgebra and algebra instruction provided pursuant to this chapter
shall be offered four hours per day for six continuous weeks during
the summer or when school is not regularly in session.
   (2) Due to facilities constraints or for other educational
reasons, a school district may offer intensive prealgebra and algebra
instruction before school, after school, on Saturdays, or during
intersession, or in a combination of summer school, after school,
Saturday, or intersession instruction.
   (b) Instruction provided pursuant to this chapter shall fulfill
the requirements of subdivision (a) of Section 44830 and of Section
44831.
   (c) Notwithstanding Section 49550 or any other provision of law, a
school district that operates a program pursuant to this chapter is
not required to provide a meal or snack to pupils participating in
the program.
   53084.  The Superintendent of Public Instruction shall provide for
an evaluation of the program established pursuant to this chapter on
or before November 1, 2002.  If funds are needed for this purpose,
it is the intent of the Legislature that funds be appropriated for
this purpose in the annual Budget Act.
  SEC. 4.  Section 69981 of the Education Code is amended to read:
   69981.  (a) There is hereby created an instrumentality of the
State of California to be known as the Golden State Scholarshare
Trust.
   (b) The purposes, powers, and duties of the trust are vested in,
and shall be exercised by, the  board.
   (c) The  board, in the capacity of trustee, shall have the power
and authority to do all of the following:
   (1) Sue and be sued.
   (2) Make and enter into contracts necessary for the administration
of the scholarshare trust.
   (3) Adopt a corporate seal and change and amend it from time to
time.
   (4) Cause moneys in the program fund to be held and invested and
reinvested.
   (5) Enter into agreements with any institution of higher education
or any federal or other state agency or other entity as required for
the effectuation of its rights and duties.
   (6) Accept any grants, gifts, appropriation, and other moneys from
any unit of federal, state, or local government or any other person,
firm, partnership, or corporation for deposit to the administrative
fund or the program fund.  Except as otherwise provided in Section
69982, the trust may not accept any contribution by any nonpublic
entity, person, firm, partnership, or corporation that is not
designated for a specified beneficiary.
   (7) Enter into participation agreements with participants, as set
forth in Section 69983.
   (8) Make payments to institutions of higher education pursuant to
participation agreements on behalf of beneficiaries.
   (9) Make refunds to participants upon the cancellation of
participation agreements pursuant to the provisions, limitations, and
restrictions set forth in this article.
   (10) Appoint a program administrator and determine the duties of
the program administrator and other staff as necessary and set their
compensation.  The board may authorize the program administrator to
enter into contracts on behalf of the board.
   (11) Make provisions for the payment of costs of administration
and operation of the scholarshare trust.
   (12) Carry out the duties and obligations of the scholarshare
trust pursuant to this article and have any and all other powers as
may be reasonably necessary for the effectuation of the purposes,
objectives, and provisions of this article pertaining to the
scholarshare trust, as set forth in Section 69982.
   (d) The board shall adopt regulations as it deems necessary to
implement this article and Article 20 (commencing with Section 69995)
consistent with the federal Internal Revenue Code and regulations
issued pursuant to that code to ensure that this program meets all
criteria for federal tax-deferral or tax-exempt benefits, or both.
  SEC. 5.  Article 20 (commencing with Section 69995) is added to
Chapter 2 of Part 42 of the Education Code, to read:

      Article 20.  Governor's Scholarship Programs

   69995.  (a) It is the intent of the Legislature in enacting this
article to encourage high school pupils to study hard and master the
California academic content standards adopted by the State Board of
Education and to excel in mathematics and the sciences.
   (b) The Scholarshare Investment Board, known hereafter as "the
board," unless otherwise specified, shall administer the programs
authorized by this article, including the adoption of rules and
regulations as provided by subdivision (d) of Section 69981, and in
so doing shall cooperate with the State Department of Education, the
Treasurer's office, the Controller, the college board, private test
publishing companies, and other entities necessary to ensure the
accurate and timely identification and reporting of award recipients,
granting of awards, and administration of these programs.  The State
Department of Education shall ensure that the contract with the test
publisher selected pursuant to Section 60642 reflects the reporting
requirements of this article and that the publisher meets those
requirements.
   (c) The definitions in Section 69980 apply to this article.
   (d) To be eligible for an award pursuant to the programs
authorized by this article, a pupil shall meet all of the following
eligibility criteria:
   (1) Take the achievement test authorized by Section 60640 in grade
9, 10, or 11.
   (2) Attend a California public school for at least one continuous
year prior to the administration of the achievement test specified in
paragraph (1), as evidenced by his or her school records obtained as
part of the process of claiming an award authorized by this article.

   (3) Take both of the following:
   (A) The nationally normed reading and mathematics portions of the
achievement test, as specified by the State Board of Education and
authorized by Section 60640.
   (B) The English/language arts and mathematics portions of the
achievement test authorized by Section 60640 that are augmented and
aligned, pursuant to subdivision (f) of Section 60644, with the
California academic content standards, unless otherwise exempted by
action of the State Board of Education.
   (e) Awards made pursuant to this article shall be an entitlement
to pupils identified as qualifying for an award pursuant to this
article.  The entity contracted for the assessment authorized by
Section 60640 shall annually provide the board with a digital report
of award recipients pursuant to this section, no later than 30 days
after the results of the assessment authorized by Section 60640 have
been made public pursuant to subdivision (e) of Section 60641.  Upon
receipt of this report, the board shall deposit a single amount equal
to the sum of the amounts of the awards earned by qualifying pupils
into a single account separate and apart from all participant
accounts within the Golden State Scholarshare Trust in the names of
those pupils.  Scholarship assets may not be commingled for
investment purposes with participant accounts.  Notwithstanding the
provisions of Section 69991, all assets of the scholarship account,
while part of the Golden State Scholarshare Trust, are owned by the
state until a qualified distribution is made.
   (f) Deposits made to this account shall be invested according to
the guidelines established by the board pursuant to the requirements
of state and federal law.  The deposits shall be invested through a
guaranteed funding agreement with an interest rate to be declared
annually by the investment manager, or through another investment
determined by the board to be equally or more secure.  For purposes
of this section, a guaranteed funding agreement is an approved
investment vehicle for state-owned scholarship funds.
   (g) Nothing in this article shall be construed to prevent any
pupil from seeking private or other funding sources to supplement the
amount of any funds awarded pursuant to this article.
   (h) Award recipients shall be informed that the programs
authorized by this article do not guarantee in any way that higher
education expenses will be equal to projections and estimates
provided by the board, nor that the claimant will be guaranteed any
of the following:
   (1) Admission to an institution of higher education.
   (2) If admitted, a determination that the award recipient is a
resident for tuition purposes by the institution of higher education.

   (3) Continued attendance at the institution of higher education
following admission.
   (4) Graduation from the institution of higher education.
   (5) Savings sufficient to fully cover all qualified education
expenses of attending an institution of higher education.
   (i) Notwithstanding any other provision of state law, any funds
awarded pursuant to this article shall augment and not supplant
student financial aid from other public sources, inclusive of
calculating eligibility for student financial aid.
   (j) Notwithstanding any other provision of law, the awards and
earnings claimed by a recipient pursuant to this article shall be
exempt from state income tax liability.
   (k) To the extent allowed under federal law, any funds awarded
pursuant to this article may not be considered in the federal needs
analysis for student financial aid, as they are an asset of the state
until used for the payment of qualified higher education expenses.
   69996.  (a) Awards and the investment earnings accumulated
pursuant to this article shall be available for the payment of
qualified higher education expenses, as defined in subdivisions (g)
and (l) of Section 69980.  Pursuant to its authority under
subdivision (d) of Section 69981, the board shall adopt rules and
regulations to ensure that funds authorized by this chapter are
disbursed directly to the institution of higher education indicated
by an award recipient's claim form.
   (b) Funds authorized by this article are nontransferable to any
other person or entity and may only be used for the purposes stated
herein.  No funds authorized by this article may be pledged as
collateral for any loan.
   (c) (1) Awards and their investment earnings invested in the
Scholarshare Trust shall remain assets of, and owned by, the state
until used for the payment of qualified higher education expenses as
authorized by this section, and shall remain invested in the
Scholarshare Trust until they are used for the purposes authorized by
this section or until the recipient achieves the age of 30,
whichever occurs first.  If, due to death or disability, an award
recipient is unable to attend a postsecondary educational institution
before reaching the age of 30 and the scholarship funds have not
already been used for purposes of this article, the scholarship funds
designated for the recipient shall revert to the General Fund.
   (2) Any funds, less any applicable penalties, collected pursuant
to Section 529 of the federal Internal Revenue Code not utilized
within this time period shall revert to the General Fund after the
payment of any amount determined to be due the federal government as
a result of the reversion.
   (d) The board shall establish rules and regulations for an award
recipient to claim the funds deposited and accrued in the
Scholarshare Trust in the name of that recipient, including, but not
limited to, the claim process, necessary documentation, deadlines for
the claims and the granting of awards and an appeals procedure, and
any forfeiture procedures.
   (e) The board shall request each award recipient to voluntarily
report personal information, including, but not limited to,
ethnicity, gender, and family income.  The board shall compile and
retain this information in a confidential manner so that the personal
information of any award recipient is not publicly disclosed in a
manner that may be associated with particular individuals.
   (f) Within the annual report required pursuant to Section 69989,
the board shall also include, at a minimum, the number of pupils
qualifying for an award pursuant to this article, the number of
awards claimed and disbursed, the rate of return earned by the funds
authorized by this article in the previous five fiscal years, the
amount of funds expended pursuant to this article in the previous
five fiscal years, and a list, by high school, of the number of
awards granted pursuant to the program authorized by this article.
To the extent that information is available and can be disclosed
without allowing the information to be associated with particular
individuals, the board shall include information on the ethnicity,
gender, and family income of award recipients.
   69997.  (a) The Governor's Scholars Program is hereby established.
  This program shall provide a scholarship of one thousand dollars
($1,000) to each public high school pupil who demonstrates high
academic achievement on the achievement test authorized by Section
60640.  Pupils receiving a scholarship pursuant to this section shall
be known as "Governor's Scholars."
   (b) Until the State Board of Education determines that the English
language arts and mathematics portions of the statewide pupil
achievement test authorized by Section 60640 have been aligned with
the California academic content standards, and the standards aligned
test is both valid and reliable for high stakes purposes, a pupil
shall earn a scholarship pursuant to this section by satisfying
either of the following criteria:
   (1) Attaining a combined score on the reading and mathematics
portions of the nationally normed achievement test adopted by the
State Board of Education pursuant to Section 60642 that places him or
her in the top 5 percent of test takers in his or her grade level
statewide.
   (2) Attaining a combined score on the nationally normed reading
and mathematics portions of the achievement test adopted by the State
Board of Education pursuant to Section 60642 that places him or her
in the top 10 percent of test takers in his or her grade level in the
comprehensive public high school attended by that pupil.  When
calculating the top 10 percent, the result shall be rounded to the
nearest whole integer for the purpose of determining the number of
awards in any high school.  If this calculation results in a number
of pupils less than one in any high school, there shall be one award
at that school.
   (c) Pupils earning an award pursuant to subdivision (b) may
receive only one award in any given year.  However, a pupil may earn
a lifetime maximum of three awards by meeting the requirements of
this section in each of grades 9, 10, and 11.
   (d) Once the State Board of Education has determined that the
English language arts and mathematics portions of the statewide pupil
achievement test authorized by Section 60640 have been aligned with
the California academic content standards, and the standards aligned
test is both valid and reliable for high stakes purposes, that test
shall be used as the basis for the award of scholarships pursuant to
subdivision (a).
   69998.  (a) The Governor's Distinguished Mathematics and Science
Scholars Program is hereby established.  This program shall provide a
scholarship of two thousand five hundred dollars ($2,500) for public
high school pupils who demonstrate specified high academic
achievement in mathematics and the sciences.  Pupils receiving a
scholarship pursuant to this section shall be known as "Governor's
Mathematics and Science Scholars."
   (b) In addition to the criteria specified in subdivision (d) of
Section 69995, a pupil shall satisfy the following to be eligible to
receive a scholarship pursuant to this section:
   (1) Earn an award pursuant to the program authorized by Section
69997.
   (2) Take an advanced placement calculus examination offered by the
college board.
   (3) Take any one of the advanced placement biology, chemistry, or
physics examinations offered by the college board.
   (4) If the provisions of subdivision (c) apply, then paragraphs
(2) and (3) shall be effective only as specified in subdivision (c).

   (c) (1) If the pupil's school offers an advanced placement course
in a subject described in subdivision (b), only the advanced
placement examination in that subject shall be allowed for the
purposes of determining eligibility for an award pursuant to this
section.  If a pupil's school does not offer an advanced placement
course in a subject identified in subdivision (b), he or she may take
instead the Golden State Examination, as authorized by Article 5
(commencing with Section 60650) of Chapter 5 of Part 33, in that
subject.  Should there appear to be a conflict between this
subdivision and any other subdivision related to this program, this
subdivision shall be controlling.
   (2) For the science test, the Golden State Examination in
second-year coordinated science may be used in place of any other
Golden State Examination in science for the purposes of this
subdivision.
   (3) For the mathematics test, only the High School Mathematics
Golden State Examination may be used for the purposes of this
subdivision.
   (d) Eligible pupils shall earn a scholarship pursuant to this
section by satisfying all of the following requirements:
   (1) Attaining a score of five, on the advanced placement calculus
AB examination, or attaining a score of four or five on the
higher-level advanced placement calculus BC examination.
   (2) Attaining a score of five on any one of the advanced placement
biology, chemistry, or physics B examinations, or attaining a score
of four or five on either of the advanced placement physics C
(mechanics or electricity and magnetism) examinations.
   (3) If a pupil is eligible for an award pursuant to paragraph (4)
of subdivision (b), he or she must attain a score of six on the
appropriate Golden State Examination, as described in subdivision
(c).
   (e) As an alternative to the examination requirements set forth in
subdivisions (b), (c), and (d), a pupil may be eligible to receive a
scholarship pursuant to this section for performance in science and
mathematics examinations that are part of the International
Baccalaureate Program.  The State Board of Education shall review and
designate those International Baccalaureate examinations that are
equivalent to the advanced placement tests or Golden State
Examinations for which pupils may receive scholarships pursuant to
this section.  The State Board of Education shall also designate the
score on International Baccalaureate examinations that is equivalent
to the score required on advanced placement tests or Golden State
Examinations in order to receive a scholarship.
   (f) The State Board of Education may modify this list of
examinations as necessary to reflect additions and deletions to the
series of examinations offered by the college board for advanced
placement courses.  The State Board of Education may also determine
the relative rigor of any new examinations added to the list and
whether those examinations should require a score of four or five if
the added examinations and qualifying scores reflect at least the
same level of rigor as the advanced placement examinations specified
in this section.
   (g) A pupil may receive a maximum of one award pursuant to the
program established by this section.
   (h) Paragraph (4) of subdivision (b), subdivision (c), and
paragraph (3) of subdivision (d) shall become inoperative, and are
repealed as of December 31, 2001.
   69999.  The board may adopt regulations for the purposes of this
article as emergency regulations in accordance with the rulemaking
provisions of the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code).  For the purposes of the Administrative
Procedure Act, including Section 11349.6 of the Government Code, the
adoption of the regulations shall be deemed to be an emergency and
necessary for the immediate preservation of the public peace, health
and safety, or general welfare, notwithstanding subdivision (e) of
Section 11346.1 of the Government Code.  Notwithstanding subdivision
(e) of Section 11346.1 of the Government Code, any regulation adopted
pursuant to this section shall not remain in effect more than one
year unless the board complies with rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code), as
required by subdivision (e) of Section 11346.1 of the Government
Code.
  SEC. 6.  Section 99223 is added to the Education Code, to read:
   99223.  The Regents of the University of California are requested
to jointly develop with the Trustees of the California State
University and the independent colleges and universities, the Algebra
Academies Professional Development Institutes, to be administered by
the university, in partnership with the California State University
and with private, independent universities in California, in
accordance with all of the following criteria:
   (a) In July 2000, the University of California and its institutes'
partners shall commence instruction for 1,000 participants who
either provide direct instruction in prealgebra and algebra to pupils
in grades 7 and 8, or supervise beginning teachers of algebra.
     (b) (1) The institutes shall provide instruction for school
teams from each participating school.  These school teams may include
both beginning and experienced teachers and the schoolsite
administrator.
   (2) Criteria and priority for selection of participating school
teams shall include, but are not necessarily limited to, all of the
following:
   (A) Schools whose pupils' scores on the mathematics portion of the
achievement test authorized by Section 60640 are at or below the
40th percentile.
   (B) Teams composed of a large percentage of members of their
schools' mathematics departments, which may include the chair of that
department.
   (C) Schools with high poverty levels, as determined by the
percentage of pupils eligible for free or reduced price meals.
   (D) Schools with a high number of beginning and noncredentialed
teachers.
   (E) Schools that have adopted standards-based materials approved
by the State Board of Education.
   (3) In any fiscal year, if funding is inadequate to accommodate
the participation of all eligible school teams, first priority shall
be given to schools that meet the criteria described in subparagraph
(D) of paragraph (2).
   (c) (1) The institutes shall provide instruction in the teaching
of prealgebra and algebra in a manner consistent with the standard
for a comprehensive mathematics instruction program that is
research-based and shall include all of the following components:
   (A) Instruction in prealgebra and algebra that will enhance the
ability of teachers to prepare pupils for the achievement test
authorized pursuant to Section 60640 and the high school exit
examination authorized pursuant to Section 60850.
   (B) Ongoing diagnostic techniques that inform teaching and
assessment.
   (C) Early intervention techniques for pupils experiencing
difficulty in prealgebra and algebra.
   (2) Instruction provided pursuant to this section shall be
consistent with state-adopted academic content standards and with the
curriculum frameworks on mathematics for kindergarten and grades 1
to 12, inclusive, that are adopted by the State Board of Education.
   (d) Each participant who satisfactorily completes an institute
authorized by this section shall receive a stipend, commensurate with
the duration of the institute, of not less than one thousand dollars
($1,000) nor more than two thousand dollars ($2,000), as determined
by the University of California.
   (e) In order to provide maximum access, the institutes shall be
offered on multiple university and college campuses that are widely
distributed throughout the state.  Instruction at the institutes
shall consist of an intensive, sustained training period of no less
than 40 hours during the summer or during an intersession break, and
shall be supplemented, during the following school year, with no
fewer than the equivalent of five additional days of instruction and
schoolsite meetings, held on at least a monthly basis, to focus on
the academic progress of that school's pupils in prealgebra and
algebra.
   (f) Teachers attending the institutes authorized by this section
shall, as a condition of  attendance and subsequent to that
attendance, serve as instructors in the program authorized by Chapter
17 (commencing with Section 53081) of Part 28.  These teachers shall
continue to receive followup professional development during the
same time period they are providing instruction. Followup
professional development during this time period shall occur outside
of instructional time.
   (g) It is the intent of the Legislature that a local education
agency or postsecondary institution that offers an accredited program
of professional preparation consider providing partial and
proportional credit toward satisfaction of mathematics course
requirements to an enrolled candidate who satisfactorily completes an
Algebra Academies Professional Development Institute if the
institute has been certified by the Commission on Teacher
Credentialing as meeting mathematics standards.
  SEC. 7.  (a) The sum of one hundred eighteen million dollars
($118,000,000) is hereby appropriated from the General Fund to the
Scholarshare Investment Board for the 2000-01 fiscal year for the
purpose of making scholarship awards pursuant to Article 20
(commencing with Section 69995) of Chapter 2 of Part 42 of the
Education Code.  It is the intent of the Legislature that
administrative costs for purposes of the program established by
Article 20 (commencing with Section 69995) of Chapter 2 of Part 42 of
the Education Code be funded through the annual Budget Act.
Administrative costs of the program established by Article 20
(commencing with Section 69995) of Chapter 2 of Part 42 of the
Education Code may not be funded through the administrative fund of
the trust established by Article 19 (commencing with Section 69980)
of the Education Code.
   (b) Notwithstanding any other provision of law, the Director of
Finance may authorize the augmentation, from the Special Fund for
Economic Uncertainties established pursuant to Section 16418 of the
Government Code, of the annual amount appropriated for the purpose of
making scholarship awards pursuant to Article 20 (commencing with
Section 69995) of Chapter 2 of Part 42 of the Education Code, as
necessary to fully fund the number of awards authorized by that
article.  No augmentation may be authorized sooner than 30 days after
notification in writing of the Chairperson of the Joint Legislative
Budget Committee and the chairperson of the committee in each house
that considers appropriations, nor sooner than whatever lesser time
those persons, or their designees, may in each instance determine.
  SEC. 8.  This act shall become operative only if Senate Bill 1644
of the 1999-2000 Regular Session is enacted.
  SEC. 9.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to implement the Budget Act of 2000 with respect to the
public schools and institutions of higher education, it is necessary
that this act take effect immediately.
